Gilmar Mendes: Difference between revisions
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Gilmar Mendes's role and actions as a Supreme Court Justice have been a great source of controvery, with a number of public figures accusing him of abusing his influence. The most controversial moment of his career was when, on early July 2008, he granted two [[Habeas Corpus]] to now-convicted banker [[Daniel Dantas]], owner of the Opportunity Bank, in less than 48 hours. However, a number of Brazilian law experts defend the writs concessions as legally correct. |
Gilmar Mendes's role and actions as a Supreme Court Justice have been a great source of controvery, with a number of public figures accusing him of abusing his influence. The most controversial moment of his career was when, on early July 2008, he granted two [[Habeas Corpus]] to now-convicted banker [[Daniel Dantas]], owner of the Opportunity Bank, in less than 48 hours. However, a number of Brazilian law experts defend the writs concessions as legally correct. |
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On April 28, 2009, Gilmar Mendes and Justice Joaquim Barbosa got in a heated argument during a court session. During the discussion, Joaquim Barbosa, visibly nervous, stated that Gilmar was "destroying Justice in Brazil", and that Gilmar Mendes is "cut off from the people on the streets and sullying the image of the Supreme Court". More incisively, he stated, "Minister Gilmar, you are not talking to one of your henchmen". <ref name="Joaquim_Barbosa">[http://www.youtube.com/watch?v=sIUdUsPM2WA&feature=related] YouTube – Joaquim Barbosa and Gilmar Mendes argue over a decision of the Court.</ref> |
On April 28, 2009, Gilmar Mendes and fellow Justice Joaquim Barbosa got in a heated argument during a court session. During the discussion, Joaquim Barbosa, visibly nervous, stated that Gilmar was "destroying Justice in Brazil", and that Gilmar Mendes is "cut off from the people on the streets and sullying the image of the Supreme Court". More incisively, he stated, "Minister Gilmar, you are not talking to one of your henchmen". <ref name="Joaquim_Barbosa">[http://www.youtube.com/watch?v=sIUdUsPM2WA&feature=related] YouTube – Joaquim Barbosa and Gilmar Mendes argue over a decision of the Court.</ref> |
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According to left-wing magazine [[Carta Capital]], |
According to left-wing magazine [[Carta Capital]], issue 516, Gilmar Mendes is the owner of the Instituto Brasiliense de Direito Público (''Brasilia's Institute of Public Law''), which has signed contracts with government agencies and has been granted public lendings. The magazine argued that since several other Supreme Court Justices worked as teachers in this institute, it would create a conflict of interest in the Court.<ref name="As_Favas_a_Etica">[http://www.cartacapital.com.br/app/materia.jsp?a=2&a2=8&i=2689] Carta Capital "Às Favas a Ética" Ed. 516.</ref> |
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The same magazine, in its November 2008 edition, stated that Gilmar Mendes had used his influence, first as Solicitor-General in [[Fernando Henrique Cardoso]]'s government, and later, as a |
The same magazine, in its November 2008 edition, stated that Gilmar Mendes had used his influence, first as [[Office of the Solicitor-General in Brazil|Solicitor-General]] in [[Fernando Henrique Cardoso]]'s government, and later, as a Supreme Court Justice, to help elect his brother Francisco Ferreira Mendes Júnior mayor of his birth city, Diamantino. In the same article, the magazine described other supposed abuses of Gilmar Mendes's political influence, and also a version of the assination of the student Andréa Paula Pedroso Wonsoski, whose murder was linked to the political dispute in the city. <ref name="Nos_Rincoes_dos_Mendes">[http://www.cartacapital.com.br/app/materia.jsp?a=2&a2=8&i=2689] Carta Capital "Nos Rincões dos Mendes" Ed. 522.</ref> |
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Revision as of 19:28, 23 November 2011
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Gilmar Ferreira Mendes | |
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Chief Justice of Brazil | |
In office April 23, 2008 – April 23, 2010 | |
Nominated by | Fernando Henrique Cardoso |
Preceded by | Ellen Gracie Northfleet |
Succeeded by | Cezar Peluso |
Personal details | |
Born | Diamantino, MT | December 30, 1955
Gilmar Ferreira Mendes (born December 30, 1955, Diamantino) is a Brazilian judge, appointed Justice to the Brazilian Supreme Federal Court in 2002, and elected its President in 2008, for a term of 2 years.
Gilmar Mendes graduated with a bachelor's degree in Law from University of Brasília, received his Masters Degree in Law from the same university, a Masters Degree from University of Münster (Westfälische Wilhelms-Universität Münster) in Law with the thesis Presupposed admissibility of the abstract norm control facing the Federal Constitutional Court (Originally: Die Zulassigkeitsvoraussetzungen der abstrakten Normenkontrolle vor dem Bundesverfassungsgericht) and a PhD in Law from the same university with the thesis The abstract norm control facing the Federal Constitutional Court and the Brazilian Supreme Federal Court (Originally: Die abstrakte Normenkontrolle vor dem Bundesverfassungsgericht und vor dem brasilianischen Supremo Tribunal Federal)[1]
Controversies
Gilmar Mendes's role and actions as a Supreme Court Justice have been a great source of controvery, with a number of public figures accusing him of abusing his influence. The most controversial moment of his career was when, on early July 2008, he granted two Habeas Corpus to now-convicted banker Daniel Dantas, owner of the Opportunity Bank, in less than 48 hours. However, a number of Brazilian law experts defend the writs concessions as legally correct.
On April 28, 2009, Gilmar Mendes and fellow Justice Joaquim Barbosa got in a heated argument during a court session. During the discussion, Joaquim Barbosa, visibly nervous, stated that Gilmar was "destroying Justice in Brazil", and that Gilmar Mendes is "cut off from the people on the streets and sullying the image of the Supreme Court". More incisively, he stated, "Minister Gilmar, you are not talking to one of your henchmen". [2]
According to left-wing magazine Carta Capital, issue 516, Gilmar Mendes is the owner of the Instituto Brasiliense de Direito Público (Brasilia's Institute of Public Law), which has signed contracts with government agencies and has been granted public lendings. The magazine argued that since several other Supreme Court Justices worked as teachers in this institute, it would create a conflict of interest in the Court.[3]
The same magazine, in its November 2008 edition, stated that Gilmar Mendes had used his influence, first as Solicitor-General in Fernando Henrique Cardoso's government, and later, as a Supreme Court Justice, to help elect his brother Francisco Ferreira Mendes Júnior mayor of his birth city, Diamantino. In the same article, the magazine described other supposed abuses of Gilmar Mendes's political influence, and also a version of the assination of the student Andréa Paula Pedroso Wonsoski, whose murder was linked to the political dispute in the city. [4]
Notes
- ^ Curriculum vitae. CNPq Lattes System (In Portuguese).
- ^ [1] YouTube – Joaquim Barbosa and Gilmar Mendes argue over a decision of the Court.
- ^ [2] Carta Capital "Às Favas a Ética" Ed. 516.
- ^ [3] Carta Capital "Nos Rincões dos Mendes" Ed. 522.